|
| |
IR Notes 222 – 24 January 2024
www.irshare.eu
|
|
|
| |
| |
A question for…
Pekka Ristela, Head of International Affairs at the Finnish Confederation
of Trade Unions SAK
On 1 February, the SAK and STTK
trade union confederations, together with several NGOs, are
organising a major demonstration in Helsinki against the reforms
adopted or announced by the conservative and far-right
government. What are the trade unions’ main
fears? We’re
organising an unusual event for Finland, a huge demonstration in
probably freezing weather! The government is simultaneously pursuing
a policy of reducing social protection, especially by cutting
unemployment benefits, and reforming the labour market with the aim
of making labour law more flexible, further decentralising
collective bargaining to local or company level and restricting the
right to strike. Unemployment benefits will be reduced by 20% after
two months and the allowance payable to jobseekers with dependent
children will be abolished. For a worker who was previously earning
€2,500, the €1,500 benefit will be reduced by €300 from the third
month and the €150 allowance for one child will be abolished. There
will be a further reduction after eight months. We fear that many
people will see their standard of living fall sharply. Another
measure is indirectly aimed at deterring workers from joining trade
unions to get higher unemployment benefit. Although the country has
a low level of industrial disputes compared to the OECD average, the
government wants to restrict the right to strike, including by
limiting the right to strike for political reasons – for example in
opposition to a government proposal – to a maximum of 24 hours for
one particular issue. If a union calls for a second day of strike
action, this will be declared illegal. The government wants to
limit the possibility of going on solidarity strikes, an important
practice in the Nordic countries, whereby a union in one sector goes
on strike to support the demands of a union in another sector, as
seen in the Tesla dispute. What’s more, if a strike is deemed
illegal, the government wants to significantly increase the fines
that can be imposed on a union, from a few hundred euros or a
maximum of 31,900 euros, as at present, to a minimum of 10,000 euros
and a maximum of 150,000 euros. Similarly, workers who take part in
industrial action that is deemed illegal could each be fined up to
200 euros. Many other measures have been announced (*) that will
worsen working conditions. So the time has come to mobilise against
these ideologically-inspired measures.
(*) Find out
more: SAK’s
presentation
of all measures already taken or proposed
(in English, and in more detail in Finnish) and SAK news.
|
|
|
 |
| |
Diary
25 January
Brussels Conference of
the Belgian presidency of the EU on Fair
Mobility in the EU and the role of the European Labour Authority
(EN
DE)
26 January
Nanterre Conference
organised by the CEJEC, ahead of the upcoming European elections,
entitled « Quel avenir pour l’Europe sociale ? » [“What future
for social Europe?”], with Jooste Korte, Director-General of the
European Commission’s DG Employment, Social Affairs and Inclusion. For
further information, please contact strabon@parisnanterre.fr
30 and 31
January Brussels Conference
of the Belgian presidency of the EU on “mental
health and work“
5 to 8
February Strasbourg Plenary
session of the European Parliament
6
February On line
European Works Council Club meeting and presentation, by
Michelin’s industrial relations department, of a study of how the
company’s European Works Council operates. Contact: frederic.t@irshare.eu
8 March
Brussels Conference
of the Belgian presidency of the EU on “the
Wellbeing of Seafarers”
11 and 12
March Brussels Employment
and Social Policy Council
20
March Brussels Tripartite
Social Summit
25 to 28 March
Paris Franco-German
seminar for European and SE Works Councils, organised by EWC
Academy in cooperation with Ultra Laborans and IR Share, which will lead
the proceedings on 26 March, a day devoted to revision of the European
Works Council directive and to exchanges of practice between German and
French representatives sitting on EWCs.
|
|
|
 |
| |
Who we are?
IR Notes is a
fortnightly newsletter produced by IR Share and its
network of experts, and is available in several European languages
(English, French, German, Italian, Spanish). It offers Europe-wide
monitoring of employment law, labour relations and employment policy. It
is available by subscription for 260 euros per year .
The team This issue
was producaed by Pascale Turlan
and
Frédéric
Turlan. Find out more about the IR Share
team on our website.
Subscribe to IR Notes
Via the IR
Share website or by calliang us on: +33 (0)6 81 41 53 95
or E-mail: frederic.t@irshare.eu
Legal notice.
Publisher: IR Share SARL – 5, Les Compères – 89520 Fontenoy, France –
Tel.: +33 (0)6 81 41 53 95 – share capital 1,500 euros – commercial
register (RCS Auxerre): 512 567 959. Managing editor: Frédéric Turlan.
Hosting: ALTEO by Damien Cornillet – Château – 89500
Villeneuve-sur-Yonne. CPPAP no.: 0626 Z 93933.
|
|
|
 |
| |
Follow us on LinkedIn!
Why not connect to the IR Notes LinkedIn page, so that you can keep up with
developments in the issues we’re covering, between two editions?
You’re welcome to follow us! There are already 581 of you following
us!
|
|
|
 |
| |
European Industrial Relations Dictionary
In case reading IR Notes inspires you to
explore this subject further, we are providing links to the European
Industrial Relations Dictionary published by Eurofound. This is updated at
regular intervals by IR Share, which publishes IR Notes. The term
definitions are available in English and can easily be converted
into other languages using on-line translation tools.
|
|
|
 |
|
|
|
Lead
story
In the
future, European Works Councils will not just be paper tigers
At midday on 24 January, the European Commission’s Vice President, Valdis Dombrovskis
and the European Commissioner for Jobs and Social Rights, Nicolas Schmit, set out
details of the revision of the European Works Council Directive 2009/38, following
the two phases of consultations with European social partners (see IR Notes 209 and
IR Notes 213), in
response to the legislative resolution passed by the European Parliament, calling
for a revision of the directive (see IR Notes 201). In
view of the tight deadlines for publication of IR Notes, we are not yet able to
offer a detailed analysis, but here, for now, is some initial information. Our
readers can also consult the press
release and the proposal
for a directive, which we have published on line. As Valdis Dombrovskis
indicated, this is a “targeted revision” of the directive, which also meets the
requirements set out by Dennis Radtke, rapporteur of Parliament’s legislative
resolution, who argued that there was no point in reinventing the wheel. Many of the
views put forward by the European trade union movement and Parliament have been
taken into account: 1/ Nicolas
Schmit acknowledges that the Commission has not opted for the level of financial
penalties advocated by Parliament in the event of a breach of information and
consultation rights (based on those laid down in the GDPR regulation), but
nevertheless the proposal calls on Member States, when determining what penalties
they should impose, “to take into consideration the gravity, duration, consequences,
and the intentional or negligent nature of the offence, and in case of pecuniary
sanctions, in addition also the size and financial situation of the sanctioned
undertaking or group (for example, its annual turnover), and other relevant
criteria”. 2/ Recital 16 of
Directive 2009/38/EC is now included in the body of the directive. 3/ The number of plenary meetings is
increased from one to two per year. 4/
The text confirms – this time explicitly – that EWC consultation
must take place before the decision is made: its purpose is to enable employees’
representative “to express an opinion prior to the adoption of the decision and that
such an opinion must receive a reasoned written response from central management
before the latter adopts its decision on the proposed measure”. 5/ A transitional period is
provided for, during which the parties to existing EWC agreements should verify
whether these fulfil the revised requirements of the new directive and, if this is
not the case, they should “renegotiate them to avoid the risk of legal disputes once
the revised requirements become applicable. Should such renegotiation not be
successful, the subsidiary requirements annexed to the Directive will apply”. We
will examine these significant changes – which as Dennis Radtke explained, are being
adopted to ensure that European Works Councils will no longer be paper tigers – in
more detail in the next issue.
|
1. European
Union
Proposal
European Labour Authority : On
18 January, MEPs adopted a resolution
on revision of the European Labour Authority (ELA) mandate. The ELA, which
was established in 2019 and is based in Bratislava, is tasked with improving
cooperation between EU countries in the area of labour mobility, coordinating joint
inspections and performing risk analyses and assessments on matters of cross-border
labour mobility, as well as mediating disputes between Member States (see European Labour Authority). Regulation
(EU) 2019/1149 of 20 June 2019 states that its mandate is to be reviewed
after five years, and the Commission shall report on its findings by August this
year. This is the background against which MEPs plan to strengthen the ELA’s
mandate. Dennis Radtke (EPP), the resolution’s co-rapporteur, believes that the time
has come to give this paper tiger teeth, because at the moment, the ELA is an
authority in name only (see IR Notes 114).
“The new mandate should make an active contribution to protecting EU employees from
exploitation and ensuring that EU rules are complied with, in order to guarantee a
fair single market”, he emphasises. Pointing out that nobody likes to open the door
to visitors if their house is in a mess, his co-rapporteur Agnes Jongerius (S&D)
is calling for the ELA to be granted independent powers to perform investigations,
because at the moment, it is only allowed to conduct inspections when invited by a
Member State. Needless to say, those who know that labour exploitation is going on,
are unlikely to issue this invitation. The ELA’s remit should also include workers
who are nationals from third countries, whose movement within the EU is not covered
by its mandate. “There are examples of cases where nationals from third countries
have been exploited, but the ELA has not been able to intervene”, she adds. “When an
EU-based employer is not paying its workers or is treating them badly, this should
be investigated and prosecuted by the ELA, no matter if workers are Europeans or
non-Europeans”. It will be up to the next Commission, which will take office after
the European elections in June, to deal with this matter and to put forward any
revision of the ELA’s founding regulation.
|
Social
update
Public procurement : On 15
January, in the context of an oral
question put to the European Commission, MEPs debated the need to revise Directive
2014/24/EU on public procurement, with a view to expanding the use of social
criteria when awarding contracts. According to a recent study
commissioned by Parliament’s Committee on Employment and Social Affairs, the
authorities face legal obstacles and uncertainties when they try to apply social and
sustainable award criteria to the task of selecting companies (see Social clauses). This debate
marks the final stage of a campaign waged by the UNI Europa trade union federation
(see press
release). The main calls for revision are focused on ensuring that a public
authority is able to impose social criteria on invitations to tender, for instance
by ensuring that public contracts are only awarded to companies that apply
collective agreements, or excluding companies that fail to respect the ILO’s
fundamental conventions. One after the other, the leading lights of the Committee on
Employment and Social Affairs issued a clear message from the podium to European
commissioner Nicolas Schmit (see debate).
Dennis Radtke (EPP) hoped that a “gentle prompt” in the form of an oral question,
would persuade the Commission to “promise that public funds will be spent on those
who abide by the rules of the social labour market economy”. Agnes Jongerius
(S&D) denounced a directive that “leads to exploitation, underpayment and
violations of their basic rights”. This subject will no doubt be back on the agenda
after the European elections in June.
|
Case law
Reporting allegations of harassment :
The European Court of Human Rights has delivered an important judgment concerning the
treatment of harassment allegations made by employees (see press
release). An applicant who was employed as a secretary by a non-profit
association believed that she was the victim of harassment by her employer, and
asked the employer’s son, who was the association’s spiritual director, for a
transfer to another position, on account of his father’s behaviour. The managing
director then suggested that she take sick leave until such time as her contract
could be terminated. She then sent an email to the association’s managing director,
with the subject line “sexual assault, sexual and mental harassment”, reporting what
she had experienced, and copied it to five people: her husband, her employer, the
spiritual director, another of the employer’s sons and the State Labour Inspector.
As a result of this email, she was found guilty of public defamation, for failing to
provide evidence of sexual assault. This conviction was confirmed by the Court of
Cassation (the French Supreme Court). The Court emphasises the need, in light of
Article 10 of the European Convention on Human Rights (freedom of expression), for
anyone who believes they are the victim of mental or sexual harassment, to be given
appropriate protection. The EctHR holds that the domestic courts (…) had placed an
excessive burden of proof on the applicant, by requiring that she provide evidence
of the acts that she wished to report. The Court notes that the email sent by the
applicant had had only a minor impact on her alleged harasser’s reputation, but the
financial penalty imposed on her, in connection with a criminal conviction, was
likely to discourage people from reporting such serious actions as those amounting,
in their view, to mental or sexual harassment, or even sexual assault.
|
Right to strike : For the first
time, the European Court of Human Rights has ruled on prohibition of the right to
strike, in a judgment (summary in French) concerning
teachers employed by the German Federal State, who have civil-servant status. They
faced disciplinary sanctions for going on strike, which is a right denied to civil
servants under the Constitution (see press release).
The Court points out that the right to strike is one form of freedom of association,
but is “only one aspect of the right to freedom of association” (Article 11 of the
ECHR). It notes that the variety of different institutional safeguards put in place
enable civil servants and their unions to effectively defend their professional
interests. Consequently, the prohibition of strikes by teachers with civil-servant
status did not render their trade-union freedom devoid of substance.
|
Paid annual leave : Under
Article 7 of Directive 2003/88/EC on the organisation of working time, a worker who
has been unable to take all of their paid annual leave entitlements before their
employment relationship comes to an end, is entitled to receive financial
compensation for any days of paid annual leave not taken. The Court of Justice
therefore ruled that EU law is not compatible with legislation preventing an
employee from being paid such compensation when they voluntarily terminate their
employment relationship, in this particular case in order to take early retirement
(CJEU,
18 January 2024, Case C-219/22, Comune di Copertino). EU law is compatible
with the loss of this right only in cases where the worker has refrained from taking
his or her paid annual leave deliberately, despite the employer encouraging them to
do so and informing them that they risk losing this leave at the end of a reference
period or authorised carry-over period (see press
release).
|
Trade
unionism
AI in commerce : The European
trade union federation UNI Europa Commerce is leading a two-year, EU-funded project
on the use of AI in the retail sector, in four countries: Spain, France, Hungary and
Sweden, in cooperation with the CCOO Servicios, CFDT Services, KASZ, Handels and
Unionen federations. The project aims to produce a toolkit and instructional videos
to support unions in securing good working conditions by negotiating the use of
algorithms (see press
release).
|
2. Member
States
Spain
Psychosocial risks : For the
first time, a Spanish court has classified the mental health problems experienced
over the past five years, while moderating online content, by a young person
employed by a subcontractor of the technology giant Meta, as “Occupational illness –
Accidents at work”, rather than ordinary sickness. The Barcelona social court ruled
that the violent videos he had had to watch between 2018 and 2020, showing
beheadings, suicides and incidents of self-harm, were at the root of his problems:
“work-related stress is the sole, exclusive and undeniable factor” triggering these
disorders (see article in El
Païs). The daily newspaper La Vanguardia reported that between 20 and 25% of
the company’s 2,030 workers were absent on sick leave, most of them – according to
the trade unions – due to mental health problems (see article in La
Vanguardia).
|
France
Rejecting a permanent job offer :
Since 1 January 2024, under Law no.
2022-1598 of 21 December 2022 enacting emergency measures relating to the
functioning of the labour market and aimed at achieving full employment, an
employer planning to offer a permanent contract to an employee at the end of their
fixed-term or temporary agency contract, is required to notify the employee of this
offer, and if it is declined, the employer must then inform the public employment
service (France Travail) within one month of this rejection. Details of this
mechanism are set out in a government decree
and order.
An employee who rejects two offers of permanent employment over a 12-month period
will be denied unemployment benefit.
|
3.
Companies
Transnational negotiation
Integration of young people :
The Safran group (50,000 employees in the EU), which supplies
parts to the aircraft industry, and the IndustriAll Europe trade union federation,
have completed the negotiation of a European
Agreement in favour of the professional integration of young
people. The agreement builds on the first
agreement signed in 2013
and the second
agreement dating from 2017. The group’s significant recruitment requirements
mean that it needs to enhance its appeal to young people. The introduction to the
agreement recognises that these young people are aware of the “environmental and
societal impact of their jobs, work-life balance, the possibility of working in
other countries” and they “are worried about the challenges of the ecological and
digital transitions”. Consequently, the agreement includes measures intended to
promote the integration of apprentices, work-study students, interns and European
research students, and recruitment targets have been set. The agreement enables any
young people undergoing work-linked training to have an interview with the Human
Resources department, to discuss their career path. In the event of any
difficulties, a follow-up will be scheduled “to ensure that the situation develops
properly”. The agreement also calls for “particular attention [to be] paid to
accommodation”. Corinne Schievene (CFDT), Secretary of the Safran EWC, says: “The
emphasis is on the agreement’s roll-out, especially by involving people at local
level”. Accordingly, the following will be organised within 6 months of signature of
this agreement: i) a joint meeting of the Monitoring Committee and HR managers of
the European entities, based on quantitative and qualitative indicators defined in
the agreement; ii) communication to the companies’ HR teams and a presentation to
local workforce representatives. In addition, action plans will be drawn up between
local management and trade unions and/or employee representative bodies, and
implemented within 9 months of signature, in cases where they do not already exist.
|
|
|